Procedural Due Process

Question 1

Procedural Due Process

Answer 1

5th Amendment DPC –> federal government

14th Amendment DPC –> states

Question 2

Due Process Generally

Answer 2

ensures that the federal and state gov’t must follow certain procedures before depriving individuals and other persons (e.g., corporations) of life, liberty, and property

Question 3

General Principle

Answer 3

individual’s right to be notified of of charges or proceedings and the opportunity to be heard

Question 4

When one’s liberty or property interests are adversely affected by gov’t action, ask:

Answer 4

1. is the threatened interest a protected one?
2. if so, what process is due?

Question 5

Other General Principles

Answer 5

• due process entitles a person to a neutral/ fair decision maker
• due process addresses injury that results from an intentional gov’t act

Question 6

Protected Interest: Liberty

Answer 6

an impingement on liberty is significant gov’t restraint on one’s physical freedom, fundamental rights, or freedom of choice or action

Question 7

Protected Interests: Property

Answer 7

there must be a legitimate claim of entitlement by virtue of statute, employment contract, or custom

Question 8

The amount of process due is determined by 3 factors:

Answer 8

1. the privacy interest affected by gov’t action
2. the risk of erroneous deprivation of that interest using current procedures and the probably value of additional safeguards
3. the gov’ts interest, including the burden (cost) of additonal safeguards

Question 9

Court Access

Answer 9

-court fees are waived for an indigent person if the fee will deny a fundamental right

-counsel is appointed for indigent criminal defendants